A motor vehicle, operated with the permission, knowledge or consent, express or implied, of the vehicle's owner of record, is declared a public nuisance and shall be subject to seizure and impoundment under this chapter where such motor vehicle is used in the commission of any of the offenses set forth in this section if the violation prevents the driver from lawfully operating the vehicle, or if a police officer determines that impoundment of the motor vehicle is necessary as a community caretaking function so that the motor vehicle does not jeopardize public safety and the efficient movement of vehicular traffic. The owner of record of the vehicle shall be liable to the Village for an administrative fee in the amount of five hundred dollars ($500.00), in addition to all towing and storage fees, with respect to the following violations. It shall not be necessary for criminal charges to be filed, prosecuted and/or proven in order to demonstrate that one of more of the following offenses has been committed:
(a) Firearm Offenses. A motor vehicle used in connection with a violation of subdivision (a)(6) or (a)(7) of 720 ILCS 5/24-1 (Unlawful Use of Weapons); 720 ILCS 5/24-1.2 (Aggravated Discharge of a Firearm); 720 ILCS 5/24-1.2-5 (Aggravated Discharge of a Machine Gun or a Firearm Equipped with a Device Designed or Used for Silencing the Report of a Firearm); 720 ILCS 5/24-1.5 (Reckless Discharge of a Firearm); or 720 ILCS 5/20-2 (Possession of Explosives or Explosive or Incendiary Devices).
(b) Drug Possession Offenses. A motor vehicle used in connection with a violation of 720 ILCS 570/401 (Manufacture or Delivery of a Controlled Substance); 720 ILCS 570/401.1 (Controlled Substance Trafficking); 720 ILCS 570/402 (Possession of a Controlled Substance); 720 ILCS 550/4(D) (Possession of More than 2.5 Grams of Any Substance Containing Cannabis); 720 ILCS 550/5 (Manufacture or Delivery of Cannabis); 720 ILCS 550/5.1 (Cannabis Trafficking); 720 ILCS 550/5.2 (Delivery of Cannabis on School Grounds); or 720 ILCS 550/8 (Unauthorized Production or Possession of Cannabis Sativa Plant).
(c) Aggravated Fleeing or Eluding. A motor vehicle used in connection with a violation of 625 ILCS 5/11-204.1 (Aggravated Fleeing or Attempting to Elude a Police Officer).
(d) Driving Under the Influence of Alcohol or Drugs. A motor vehicle used in connection with a violation of 625 ILCS 5/11-501 (Driving While under the Influence of Alcohol, other Drug or Drugs, Intoxicating Compound or Compounds or any Combination Thereof).
(e) Driving With Suspended or Revoked License. A motor vehicle used in connection with a violation of 625 1LCS 5/6-303 (Driving While Driver's License, Permit or Privilege to Operate a Motor Vehicle is Suspended or Revoked), except that the vehicle shall not be subjected to seizure and impoundment pursuant to this chapter if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing.
(f) Prostitution Related Offenses. A motor vehicle used in connection with a violation of 720 ILCS 5/11-14 (Prostitution), 720 ILCS 5/11-14.1 (Solicitation of a Sexual Act), 720 ILCS 5/11-15 (Soliciting for a Prostitute), 720 ILCS 5/11-15.1 (Soliciting for a Juvenile Prostitute), 720 ILCS 5/11-18 (Patronizing a Prostitute) or 720 ILCS 5/11-18.1 (Patronizing a Juvenile Prostitute.
(g) Driving Without License and Mandatory Insurance. A motor vehicle operated by a person without a valid license or permit issued under the provisions of the Illinois Vehicle Code or the person's state or country of domicile in violation of 625 ILCS 5/6-101 (Drivers Must Have License of Permits), in addition to any other penalties imposed by law, shall be subject to seizure and impoundment pursuant to this chapter if such person is also in violation of 625 ILCS 5/7-601 relating to mandatory insurance requirements.
(h) Retail Theft. A motor vehicle used in connection with a violation of 720 ILCS 5/16A-3.
(i) Funeral Process Related Offenses. A motor vehicle operated or used in violation of Section 11-503 of Illinois Vehicle Code:
(1) While the vehicle is part of a funeral procession; or
(2) In a manner that interferes with a funeral procession.
(j) Other Cause for Seizure. This section does not replace or otherwise abrogate any existing state or federal laws or Village ordinances or policies pertaining to vehicle seizure and impoundment.
(Ord. 1608. Passed 1-25-16; Ord. 1614. Passed 3-14-16; Ord. 1697-A. Passed 7-8-19; Ord. 1743. Passed 1-25-21.)